QUESTIONS AND ANSWERS
Is this program mandatory or voluntary?
It is mandatory for all the signatory unions, the contractors subject to their Bargaining Agreements, and the employees who are members of the signatory union.
Other union employees cannot participate in this program unless and until such time as their Bargaining Agreement with you is changed to adopt CISAP. On the other hand, non-union employees can be added to the CISAP if management voluntarily chooses such a human resource policy.
Does CISAP meet my DOT Compliance requirements?
Yes, employers may opt to terminate their involvement in another DOT testing pool and request CISAP to start doing this compliance. Contractor must request this, individually. It will not be automatic. Biennial DOT physicals will not be included under CISAP, but may be obtained from another medical organization, including the Program Administrator.
Does CISAP cover heavy laborers or heavy operators?
No. Not currently. We hope that the parties to those agreements will agree to participate in CISAP in the future.
Where is all of this testing conducted?
The location of testing depends on the bases for having the test done:
- Pre-employment and reasonable-cause testing is done at a collection clinic.
- Post-accident testing is done at the clinic where your workers’ compensation treatment occurs.
- Random drug testing is done at the project site where the employee is working.
When random drug testing is done at the project site, does the Program Administrator bring a mobile unit to the site?
No. In virtually every case, only one worker will be tested on a given project on a given day. So, rather than bear the expense of a mobile unit for one collection, we use the portable bathroom facilities available on the site.
Since April 1, 2003, Contractors have been paying an amount per hour worked for employees who are members of one of the signatory unions. The contributions have been included in fringe remittance reports. Current Contribution rates are at $.06 per hour, reduced from $.05 per hour in 2003. We look for contribution costs to continue to decrease in the future.
What drugs does CISAP test for?
CISAP conducts a 9-panel drug screen test including Oxy and MDMA.
11. MDMA (ecstasy)
Does CISAP perform quick screen drug tests?
No. The Fund Trusts decided to utilize full laboratory testing, not on-site quick screens. The laboratory is Physicians’ Laboratory and is SAMSA certified.
What percentage of positives has the program experienced?
Current positive percentage rate is less than 2%.
How long does it take to get drug test results?
Within 24 to 48 hours business days the results are available to the Medical Review Officer (MRO) for certification.
If my employee is on prescription drugs, can he/she explain that?
The Medical Review Officer (MRO) must verify each positive lab result. That process involves the MRO first talking to the employee about possible explanations for the positive result. This happens before an employer is advised of test results.
How many employees have been tested so far?
As of June 2014 CISAP estimates 11,000 members will have been tested.
Is testing on the clock?
Initial testing, pre-employment, and work release testing are off the clock. Random, post-accident, and reasonable suspicion testing are on the clock.
What percentage of the employee population is randomly drug tested each year?
50% of employees are randomly tested each year.
Under what circumstances does CISAP test for alcohol?
An alcohol screening is conducted post accident and when there is reasonable suspicion of alcohol intoxication. In addition, under the DOT subprogram, 10% of the DOT employee population will be randomly tested for alcohol each year.
What is the cut off blood alcohol content (BAC) level under the program?
.04. Under the DOT sub-program a BAC of .02-.04 is not considered positive, but is called a “Not Negative Result” by the DOT, and the employee must be removed from work for 8 hours.
When can I terminate an employee with a positive test result?
An applicant coming up positive on a pre-employment test can simply not be hired. An employee testing positive on a “for cause” test (post accident or reasonable suspicion) may be terminated on the first positive. For random drug testing, however, a special “One-Bite Rule” applies and provides that the first positive looking back over a two-year period, results in the employee being placed in a “Watch Block.” These employees cannot be terminated solely on the basis of this one test result, but they cannot return to work until they obtain a negative test result (called a “Return to Work Test”). Two positives within two years is the basis to terminate the employee and they cannot take any test in the Program for 90 days. Three positives within two years cause the employee to be permanently revoked from the Program.
What happens if an employee refuses to take a test?
A refusal to test is treated as a positive test result.
What happens if an employee is working out of the area (i.e., as is common for refractory workers)?
If an employee’s name is pulled for a random test and the employee is working outside of the jurisdiction, the random test will not occur. We are not conducting testing out of the territory of our Bargaining Agreements. Such an employee would be placed in a “non-compliant” category and would be required to take a test upon returning to our local area to perform work on one of our local projects.
If an employee has possession of a CISAP Drug Card foes it mean that they are in compliance with CISAP and if they don’t then they are not in the compliance?
Probably that is what it means, but it is not for certain. It is best to contact the Program Administrator to determine the most up to date status. We also have established a web site, www.cisap-compliance.org for current member status look up. Registration with the Program Administrator is required for web site access.
What is the appeal process for an employee who chooses to file for grievance?
Employees are eligible to file an appeal to the CISAP Fund Appeals Committee. The appeals committee shall be made up one (1) Labor Trustee and one (1) Employer Trustee.
The employee will have 30 days from date of action to file an appeal. A review and/or hearing may be requested and a decision in writing will be made within ten (10) days after the review and/or hearing. The employee has the following rights:
- Upon request to receive access to records, information and documents forming basis for the Fund’s actions.
- Submit documents, records, comments and other information to the Appeal Committee. A full and fair review of all comments, documents, records and other information relevant to the issues.
- Representation by Counsel at hearing.
- To present testimonial and documentary evidence.
- To question witnesses of the Fund.
- Obtain copy or recording of hearing and all evidence provided at hearing.